eDiscovery & Information Governance

Our goal is to ensure discovery commitments are consistent with overall case strategy and prevent discovery disputes from overshadowing litigation on the merits.

• Engagements

  Motions for Sanctions

  We were retained after a motion for sanctions was granted in IP litigation. We prevailed on a motion to reconsider and the court reversed its decision to sanction the party with an adverse inference.

  Trial Strategy

  We were retained to assist with trial strategy in a high profile mass tort litigation with an MDL proceeding and consolidated state court litigation wherespoliation is a key issue.

  MDL ediscovery Liaison

  We served as ediscovery liaison for defendants’ steering committee on an antitrust MDL and negotiated comprehensive ESI protocol.

  Litigation Readiness, eDiscovery Technology Deployment and Retention Schedule

  We worked with a multinational company to develop and implement an internal eDiscovery archive, preservation, collection and processing solution along with record retention policy and schedule.

  National Discovery Counseling

  We serve as national discovery counsel for several technology companies and have standardized procedures, creating toolkits of processes, ESI protocols, production specifications, model protective orders and clawback agreements.

  Motion to Compel

  In an ongoing securities action, we assisted the case team in litigating the sufficiency of collection and search protocols, prevailing on a case dispositive motion to compel and motion for sanctions.

  Cost Shifting

  We won a motion for protective order denying further restoration of backup tapes and compelling cost shifting of both vendor and attorney review costs. The client paid less than $10,000 for the review and restoration of backup tapes originally estimated at $1,500,000.

  Motion to Quash

  In commercial litigation, we prevailed on a motion to quash deposition notice on preservation, collection and production topics avoiding unnecessary cost and disruption for our client.

  eDiscovery Testimony

  We assisted the case team and client in identifying, preparing and presenting the client's preservation, collection and IT infrastructure 30(b)(6) witness.

  Post Merger Counseling

  We assisted a financial institution with post-merger reorganization efforts in areas of preservation, records management, data disposition, and e-mail management.

  Secure Disposition of Stale Data

  When a multinational client relocated its operations, we advised on the disposition of stale information and transfer of company data overseas.

  Evaluation of In-Sourcing and Out-Sourcing

  We assisted a client with the identification of cost savings available through in-sourcing and out-sourcing, including potential return on investment for in-sourced services and technologies.

  Initial Public Offering

  We assisted an emerging company in creation of information governance policy and procedure in anticipation of an initial public offering.

  Enterprise Records Management

  We were retained by a large West Coast bank to create detailed records retention schedules for each of its business divisions.

  Acquisition and Due Diligence

  We assisted a client in creating an information governance checklist for use in due diligence and then integration of the acquired entity.